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U.S. v. Jenkins, No. 73-1513 (U.S. Supreme Court) (420 U.S. 358; 95 S.Ct. 1006) (February 25, 1975) (Justice Rehnquist)

Article • July 1, 2000

Filed under: Punch And Jurists

U.S. v. Jenkins, No. 73-1513 (U.S. Supreme Court) (420 U.S. 358; 95 S.Ct. 1006) (February 25, 1975) (Justice Rehnquist) by In this case, decided the same day as U.S. v. Wilson, 420 U.S. 332, the Supreme Court held that the Double Jeopardy Clause forbade an appeal where, after a bench …

Jenkins v. Anderson, No. 78-6809 (U.S. Supreme Court) (447 U.S. 231; 100 S.Ct. 2124) (June 10, 1980) (Justice Powell)

Article • July 1, 2000

Filed under: Punch And Jurists, Comments on Defendant's Silence

Jenkins v. Anderson, No. 78-6809 (U.S. Supreme Court) (447 U.S. 231; 100 S.Ct. 2124) (June 10, 1980) (Justice Powell) by In this case, the prosecutor in a first-degree murder trial, during cross-examination and again in closing argument, attempted to impeach the defendant’s claim of self-defense by suggesting that he would …

Marshall v. Jerrico, Inc., No. 79-253 (U.S. Supreme Court) (446 U.S. 238; 100 S.Ct. 1610) (April 28, 1980) (Justice Marshall)

Article • July 1, 2000

Filed under: Punch And Jurists, Conflict of Interest

Marshall v. Jerrico, Inc., No. 79-253 (U.S. Supreme Court) (446 U.S. 238; 100 S.Ct. 1610) (April 28, 1980) (Justice Marshall) by Here the Court rejected a claim that a provision of the Fair Labor Standards Act violated the Due Process Clause because it provided that civil penalties collected should be …

Rhode Island v. Innis, No. 78-1076 (U.S. Supreme Court) (446 U.S. 291; 100 S.Ct. 1682) (May 12, 1980) (Justice Stewart)

Article • July 1, 2000

Filed under: Punch And Jurists, Custodial Interrogations/Statements

Rhode Island v. Innis, No. 78-1076 (U.S. Supreme Court) (446 U.S. 291; 100 S.Ct. 1682) (May 12, 1980) (Justice Stewart) by In this case the Court addressed the meaning of the word "interrogation" for purposes of custodial questioning of suspects, within the meaning of the holding in Miranda v. Arizona, …

U.S. v. Ribot, No. CRIM. 98-10061-NG (D.Mass.) (97 F.Supp.2d 74) (March 19, 1999) (Judge Nancy Gertner)

Article • July 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists, Aberrant Behavior

U.S. v. Ribot, No. CRIM. 98-10061-NG (D.Mass.) (97 F.Supp.2d 74) (March 19, 1999) (Judge Nancy Gertner) by Here Judge Gertner approved a seven-level downward departure for a defendant charged with embezzlement and tax evasion, on the grounds of mental illness/diminished capacity, and aberrant conduct, both independently and in combination. In …

U.S. v. One Toshiba Color Television, No. 98-3578 (3rd Cir.) (213 F.3d 147) (May 24, 2000) (Judge Edward R. Becker)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Notice - Adequacy of

U.S. v. One Toshiba Color Television, No. 98-3578 (3rd Cir.) (213 F.3d 147) (May 24, 2000) (Judge Edward R. Becker) by United States v. McGlory, 202 F.3d 664 (3rd Cir. 2000) (En Banc) (Judge Sloviter) United States v. One Toshiba Color Television, 213 F.3d 147 (3rd Cir. 2000)( En Banc) …

U.S. v. Ribot, No. CRIM. 98-10061-NG (D.Mass.) (97 F.Supp.2d 74) (March 19, 1999) (Judge Nancy Gertner)

Article • July 1, 2000 • from P&J June, 2000

Filed under: Punch And Jurists

U.S. v. Ribot, No. CRIM. 98-10061-NG (D.Mass.) (97 F.Supp.2d 74) (March 19, 1999) (Judge Nancy Gertner) by Here Judge Gertner approved a seven-level downward departure for a defendant charged with embezzlement and tax evasion, on the grounds of mental illness/diminished capacity, and aberrant conduct, both independently and in combination. In …

Shoats v. Horn, No. 99-3603 (3rd Cir.) (213 F.3d 140) (May 23, 2000) (Judge Richard L. Nygaard)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists

Shoats v. Horn, No. 99-3603 (3rd Cir.) (213 F.3d 140) (May 23, 2000) (Judge Richard L. Nygaard) by In a classic example of the blind eyes that the courts focus on prison complaints, the Court, in this case, held that a prisoner who spent the greater part of eight years …

Van Tran v. Lindsey, No. 98-56251 (9th Cir.) (212 F.3d 1143) (May 16, 2000) (Judge Stephen Reinhardt)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Burden of Proof

Van Tran v. Lindsey, No. 98-56251 (9th Cir.) (212 F.3d 1143) (May 16, 2000) (Judge Stephen Reinhardt) by In this case the Ninth Circuit reviewed the Supreme Court’s decision in Williams v. Taylor, 120 S.Ct. 1495 (2000), and held that “clear error” analysis provides the appropriate analytical model for determining …

U.S. v. Gilchrist, No. 99-3052 (3rd Cir.) (215 F.3d 333) (June 6, 2000) (Judge Jane R. Roth)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists

U.S. v. Gilchrist, No. 99-3052 (3rd Cir.) (215 F.3d 333) (June 6, 2000) (Judge Jane R. Roth) by One of the issues raised in this case was whether the Government had the authority to file an appeal from the district court's ruling that it was barred by the statute of …

U.S. v. Ubakanma, No. 97-4913 (4th Cir.) (215 F.3d 421) (June 12, 2000) (Judge Robert Bruce King)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Victims - Generally

U.S. v. Ubakanma, No. 97-4913 (4th Cir.) (215 F.3d 421) (June 12, 2000) (Judge Robert Bruce King) by In this case two defendants pled guilty to conduct that included a $30,000 fraudulent transaction with a specifically named victim in the United Arab Emirates; and, at sentencing, they were ordered to …

U.S. v. Jackson, No. 98-6487 (10th Cir.) (213 F.3d 1269) (June 2, 2000) (Judge Wade Brorby)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Burden of Proof

U.S. v. Jackson, No. 98-6487 (10th Cir.) (213 F.3d 1269) (June 2, 2000) (Judge Wade Brorby) by Although this appeal involved numerous issues, it is noted for the claims of one defendant that the jury should have determined both the quantity and the type of drugs involved in her crime; …

Ryan v. U.S., No. 98-1736 (7th Cir.) (214 F.3d 877) (June 5, 2000) (Judge Frank H. Easterbrook)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists

Ryan v. U.S., No. 98-1736 (7th Cir.) (214 F.3d 877) (June 5, 2000) (Judge Frank H. Easterbrook) by In this case, disagreeing with the position taken by the Fifth Circuit in U.S. v. Clark, 203 F.3d 358 (2000), a divided panel held that a habeas challenge under 28 U.S.C. § …

U.S. v. Patterson, No. 97-3132 (7th Cir.) (215 F.3d 776) (June 1, 2000) (Judge Frank H. Easterbrook)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Peremptory Challenges

U.S. v. Patterson, No. 97-3132 (7th Cir.) (215 F.3d 776) (June 1, 2000) (Judge Frank H. Easterbrook) by Among the many issues raised in this appeal from a 20-week trial of 15 defendants were a number of challenges to the trial court's handling of jury selection. Essentially, the trial court …

U.S. v. Kenrick, No. 98-1282 (1st Cir.) (221 F.3d 19) (August 2, 2000) (Judge Kermit A. Lipez)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Bank Fraud/Robbery/Theft

U.S. v. Kenrick, No. 98-1282 (1st Cir.) (221 F.3d 19) (August 2, 2000) (Judge Kermit A. Lipez) by Here the en banc Court held that "intent to harm" is not an element of bank fraud under 18 USC § 1344, concluding that there was no "consensus" among the Circuits on …

U.S. v. Dauray, No. 99-1253 (2nd Cir.) (215 F.3d 257) (June 15, 2000) (Judge Dennis G. Jacobs)

Article • July 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists

U.S. v. Dauray, No. 99-1253 (2nd Cir.) (215 F.3d 257) (June 15, 2000) (Judge Dennis G. Jacobs) by In 1994 an officer of the Connecticut Department of Environmental Protection approached the defendant’s car in a state park and found him in possession of thirteen “unbound pictures” of unclothed minors. Four …

Zahrey v. Coffey, No. 99-9119 (2nd Cir.) (221 F.3d 342) (July 20, 2000) (Judge Jon O. Newman)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Immunity - Absolute and Qualified

Zahrey v. Coffey, No. 99-9119 (2nd Cir.) (221 F.3d 342) (July 20, 2000) (Judge Jon O. Newman) by This decision marks an important development in the evolution of the defense of prosecutorial immunity. Here the Second Circuit held that a prosecutor who conspires to fabricate evidence can be held liable …

U.S. v. Gross, No. 98-3829 (11th Cir.) (213 F.3d 599) (May 26, 2000) (Per Curiam)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Final Judgments

U.S. v. Gross, No. 98-3829 (11th Cir.) (213 F.3d 599) (May 26, 2000) (Per Curiam) by In this case, the Government obtained a preliminary order of forfeiture against real property on the grounds that it was property derived from or used to facilitate the commission of a drug offense in …

U.S. v. Sheppard, No. 00-1218 (8th Cir.) (219 F.3d 766) (July 18, 2000) (Judge James B. Loken)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Drug Quantity

U.S. v. Sheppard, No. 00-1218 (8th Cir.) (219 F.3d 766) (July 18, 2000) (Judge James B. Loken) by United States v. Sheppard, 219 F.3d 766 (8th Cir. 2000) (Judge Loken) United States v. Aguayo-Delgado, 220 F.3d 926 (8th Cir. 2000) (Judge Bowman) In late June, the Supreme Court handed down …

U.S. v. Ramirez-Cortez, No. 98-50774 (9th Cir.) (213 F.3d 1149) (May 25, 2000) (Judge Kim McLane Wardlaw)

Article • July 1, 2000 • from P&J July, 2000

Filed under: Punch And Jurists, Pre-Indictment Delay

U.S. v. Ramirez-Cortez, No. 98-50774 (9th Cir.) (213 F.3d 1149) (May 25, 2000) (Judge Kim McLane Wardlaw) by Here a divided Court reversed and remanded an illegal re-entry conviction (prosecuted under the S.D.Cal.'s "fast track" program) because the district court improperly excluded an 85-day pre-indictment delay from the Speedy Trial …